The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 548 contributions
Delegated Powers and Law Reform Committee
Meeting date: 7 November 2023
Oliver Mundell
Do you not think that the consent procedure is too fundamental for us to have got to this point in the process and still not be able to give a relatively high-level explanation of how it would work?
Delegated Powers and Law Reform Committee
Meeting date: 7 November 2023
Oliver Mundell
I am deeply concerned by the start to this morning’s evidence session. I had hoped, after the evidence we heard last week, that the minister would be in a better position to tell us about the way forward. I share concerns about what is a big change to the Lord President’s role, and I want to understand the situation.
It is clear that there is an uncomfortableness in the faculty and in the Law Society about the provisions, and it is clear that there are on-going discussions, to put it in its most positive sense, with the Lord President. If the power was in the bill, what would prevent negotiations and strong-arming happening to get agreement to changes to the principles or changes to regulations?
Delegated Powers and Law Reform Committee
Meeting date: 7 November 2023
Oliver Mundell
That offers me zero reassurance. I am very proud of the Scottish legal system and of our unique traditions. Aiming to model our legal system on what happens in England and Wales is not the approach that we should be taking. We have a very different and distinct system. I am sad to hear that from a Scottish Government minister. Furthermore, I have spoken out in relation to the Scottish law officers and on politicians having less of a direct role in their involvement in the legal profession. I do not think that pointing to the situation with the UK Government is helpful in that regard.
On section 20(6), which confers a power on Scottish ministers to make regulations specifying other measures that they may take in relation to a legal regulator following a review of their regulatory performance, measures already set out in the bill include setting performance targets, imposing financial penalties and changing or removing some or all of a regulator’s regulatory functions. Last week, stakeholders told us that they were fundamentally opposed to that provision and have called for its deletion. Is there any movement on that?
Delegated Powers and Law Reform Committee
Meeting date: 7 November 2023
Oliver Mundell
I want to ask about the proposed powers for ministers in relation to the guarantee fund in schedule 1, paragraph 6. The Law Society suggested that the consultation requirement should be paired with a requirement to publish the outcome of that consultation. Does the Scottish Government have a view on that?
Delegated Powers and Law Reform Committee
Meeting date: 7 November 2023
Oliver Mundell
Can you provide more clarity on how the Lord President’s consent provision would work in practice? What would that look like? How would stakeholders and the Parliament follow that process?
Delegated Powers and Law Reform Committee
Meeting date: 7 November 2023
Oliver Mundell
I feel that it is a bit unfair to keep pushing an official, so I will stop there.
Delegated Powers and Law Reform Committee
Meeting date: 7 November 2023
Oliver Mundell
You will recognise that it is hard for the committee, or for individual members of the committee, to come to a view on the scope of that Lord President’s consent provision, which will now run through a substantive part of the bill, without knowing how it will work in practice or what the process would look like. How would we know what discussions had taken place around that? How would stakeholders know if there were concerns about the proposals? Will the regulations be introduced to Parliament before consent is sought, or will consent be sought before the regulations come to Parliament? Will there be ministerial-level discussions with the Lord President before Parliament knows about it? How will the process actually work?
Delegated Powers and Law Reform Committee
Meeting date: 7 November 2023
Oliver Mundell
I do not want to be confrontational, but it appears that you are doubling down on the same strategy of making the Lord President’s consent central to the provisions. Last week, we heard from the two biggest legal stakeholders outwith the judiciary, who said that they were deeply uncomfortable with that, that it would undermine confidence in the rule of law and that the powers were too broad. Those are pretty serious concerns. They were saying that that approach would embarrass Scotland around the world and that there were concerns from the Commonwealth Lawyers Association. They did not just have light concerns.
You have come today to tell us that you are just continuing with that approach and adding in a few quite minor safeguards. That makes me concerned that the Government does not really understand the strength of feeling in the legal profession.
Delegated Powers and Law Reform Committee
Meeting date: 24 October 2023
Oliver Mundell
So, on balance, you are not in support of the legislation as proposed.
Delegated Powers and Law Reform Committee
Meeting date: 24 October 2023
Oliver Mundell
I will just put that issue to one side and ask you to step away from that position, because obviously we are focusing on the delegated powers in the bill. Do you think that, with the model that the Government has opted for, there is a problem with the specific delegated powers?